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R12-017
1 RESOLUTION NO. R12- 0 1 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING 5 EXECUTION OF A PERPETUAL ACCESS EASEMENT, 6 MAINTENANCE AGREEMENT AND DECLARATION 7 OF RESTRICTIONS BETWEEN THE CITY OF 8 BOYNTON BEACH AND THE SCHOOL BOARD OF 9 PALM BEACH COUNTY, FLORIDA, THAT WILL 10 ALLOW FOR USE OF A CERTAIN ALLEY FOR 11 CONSTRUCTION OF LANDSCAPED OPEN SPACE FOR 12 GALAXY ELEMENTARY SCHOOL, AND PROVIDING 13 FOR AN EFFECTIVE DATE. 14 15 16 WHEREAS, during the design development for Galaxy Elementary School, City staff 17 noted the existence of a 20 foot wide City alley on the eastern side of the existing City Galaxy 18 Park grounds which once served pedestrian traffic to the park; and 19 WHEREAS, the attached agreement with the School Board of Palm Beach County 20 allows for use of a certain City alley for construction of landscaped open space for Galaxy 21 Elementary School; and 22 WHEREAS, the City Commission upon recommendation of staff, deems it 23 appropriate to approve and authorize execution by the Mayor and City Clerk of the Perpetual 24 Access Easement, Maintenance Agreement and Declaration of Restrictions between the City 25 of Boynton Beach and the School Board of Palm Beach County. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT. 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 29 being true and correct and are hereby made a specific part of this Resolution upon adoption 30 hereof. Document in Windows Internet Explorer I Section 2. The City Commission of the City of Boynton Beach, Florida does 2 hereby approve and authorize the Mayor and City Clerk to execute the Perpetual Access 3 ' Easement, Maintenance Agreement and Declaration of Restrictions between the City of 4 Boynton Beach and the School Board of Palm Beach County that will allow for use of a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 certain City alley for construction of landscaped open space for Galaxy elementary School, a copy of which is attached hereto as Exhibit "A ". Section 3. That this Perpetual Access Easement, Maintenance Agreement and Declaration of Restrictions shall be recorded in the Public Records of Palm Beach County, Florida. Section 4. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this r day of February, 2012. CITY BOYNTON BEAC , FLORIDA Mayor Vice Mavoivr William &Ove +� CiCI iYuiAA,� y� L / mis ' ner evA Hol rr. Commissioner — Marlene Ross ATTEST: � Jane64. Prainito, MMC CVN 201 026(31335 OR BK 25313 PG 1551 RETURN TO: RECORDED 07/09/2012 14:3.4:46 Director, Planning R Real Estate Palau Reach County, Florida 3300 Forest Hill Blvd. C -102 ART 10.00 t "7 Doe Stamp 0.70 West Pali 1 � Beach, FL 33406 ° Sharon R. Back, CLERK & CC }Nl'7'1tOLLER PREPARED BY: Pgv, 1551 - 1561; t 11 ptis) Galaxy Elementary School Reserved for Recording PERPETUAL ACCESS EASEMENT, MAINTENANCE AGREEMENT, AND DECLARATION OF RESTRICTIONS THIS PERPETUAL ACCESS EASEMENT, MAINTENANCE AGREEMENT, AND DECLARATION OF RESTRICTIONS trade this day of ` f f�_ , 2012, by and between the City of Boynton Beach, a Florida municipal corporation, whose address is 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435, (hereinafter referred to as "Grantor "), and the School Board of Palm Beach County, Florida, a corporate body politic existing under the laws of the State of Florida, whose address is 3318 Forest Hill Boulevard, West Palm Beach, Florida 33406 (hereinafter referred to as "School Board "); WITNESSETH WHEREAS, the Grantor is the owner of that certain parcel of real property (hereinafter referred to as the "Property "), more particularly described as follows: (See Legal Description and Survey of the Property, which is attached hereto as "Exhibit A ") WHEREAS, the Grantor will grant an easement to the School Board in order to permit the School Board to access Grantor's Property in order to provide for the installation of the Improvements described in Exhibit "B ", which is attached hereto and incorporated herein by reference (the `Basement "); and WHEREAS, as part of the Easement, the Grantor will also grant the School Board the right to permit public access along and on Grantor's Property, as depicted on the legal description and survey of the Property, which is attached hereto as Exhibit "A ", and incorporated herein by reference; and WHEREAS, once constructed, the Improvements shall be maintained by the School Board, and, if necessary, further replaced by the School Board; and, G WHEREAS, the School Board will agree not to construct anything of a permanent nature within the Easement; and, WHEREAS, the parties hereto have concluded that the most efficient manner in which to achieve the purposes and goals set forth above would be through the granting of this Easement to the School Board, together with the right of entry onto the Property for the construction and maintenance of the Improvements, and execution of this Maintenance Agreement and Declaration of Restrictions; NOW, THEREFORE, in consideration of the mutual promises contained herein and TEN and no /100 ($10.00) Dollars and other good and valuable considerations, the receipt, sufficiency, and adequacy of which is hereby acknowledged, the parties hereto agree as follows: 1. The aforesaid recitals are true and correct and are incorporated herein. 2. The Grantor hereby grants and conveys to the School Board a permanent, perpetual Easement for the construction of Improvements on the Property legally described and as depicted on Exhibit "A" which is attached hereto and incorporated herein, The Improvements to be constructed shall be as depicted in Exhibit "B ", which is attached hereto and incorporated herein by reference. 3. The Grantor finther grants and conveys to the School Board a permanent, perpetual Easement in order to provide the public with access over, across, and through the Property. 4. The Easement shall not be changed, altered or amended except by a written amendment executed by the Grantor's and School Board's authorized representatives, or their respective successors and assigns, S. School Board agrees to pay any and all fees associated with obtaining any required permits for the installation of the Improvements depicted in Exhibit "B ". 6. Grantor also hereby grants and conveys to the School Board a non- exclusive perpetual Easement for ingress and egress over the Property for the purpose or purposes of constructing and maintaining Improvements on the Property. 7. For purposes of this Agreement, the term maintain may include, at the option of the School Board, the actual construction, maintenance, repair, replacement, and /or removal, of such parts and/or portions of the Improvements as are deemed to be necessary by the School Board, and in order to serve and promote the general safety, health and welfare of the public. 8. This Easement and all conditions and covenants set forth herein are intended to be and shall be construed as covenants dinning with the land, binding upon and inuring to the benefit of Grantor or School Board, as the case may be, and their respective heirs, successors and assigns, including, without limitation, all subsequent owners and/or tenants of the Easement, the Property, and all persons claiming by, through and under them. 9. If any provision in this Agreement shall be determined to be invalid by a court of competent jurisdiction, then such provision or determination shall not affect any other provisions of this Agreement, all of which other provisions shall remain in Rill force and effect. 10. This Easement shall be recorded in the Public Records of Palm Beach County, Florida. IN WITNESS OF THE FOREGOING, I have set my hand and official seal at the State and County aforesaid on this c:�7 day of 2412. Signed, sealed, and delivered in the presence of: , Wit ness (Print,Name): Wi ess (Print Nam6) CITY OK BOYNTOWBEAC By: Title; Mayor Attest: By: bnet Prainito e: City Clerk APPROVED AS TO FORM AND LEGAL SUFF —Y V BY: f x STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me thi Q day of fyt& rP012 by : 44—ind Janet Prainito, as the Mayor and City Clerk, respectively, of the City of Boynton Beach, on behalf of the City, who are personally known to me or have produced Florida Driver's Licenses as identification. &w.a)m� L�hwj- NOTARY PUBLIC NOTARY PUBLIC- sTATEOFFLORIDA ��11l�i`il��' C�� { . Au 1 ?1l� EI .",,. Cathedile CherryGuberman { Conlmission # DD792144 '�., ,�` Expires, 1 fAY 27, 2012 1115i�� �ca�nxn ntav ATLANTIC a ©vnsna co., Ria 4 REVIEWED SID APPROVED AS TO LEGAL FOi21Vk chool Boa�4Attorney Date: STATE OF FLORIDA COUNTY OF PALM BEACH THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA BY: NIS Frank A. Barbieri, Jr., ChA.nan r ATTEST: K BY: E. Wayne G nt, Su eri Board -//- /S> -/'�2- The foregoing instrument was acknowledged before me this tY day of 2012 by Frank A. Barbieri, Jr., and E. Wayne Gent, Chairman and Superintendent respectively, of the School Board of Palm Beach County, Florida, on behalf of the School B %q �41Iypo ���A% are personally known to me. � �i ,6 ko r r ` 2 11p1? 8355()8 . C) 1. W)TARY PTIBLIC 4. II A19901900182.BB\RF,ALEST1Ga1axy Easement (SBPBC).doc EXHIBIT "A" Legal Descrintion Portion of a 20 feet Service Drive Ridgewood Hills Plat Book 23, Page 23 Palm Beach County, Florida A portion of the Southwest %a of Section 21, Township 45 South, Range 43 East, Lying east of the East Right -of -Way of Interstate 95, said portion of land being more particularly described as follows: Commencing at the Southwest corner of Section 21, Township 45 South, Range 43 East, Thence run Easterly with an assumed bearing of S. 89`47'31" E. along the South line of said Section 21, a distance of 1323.14 feet to an intersection with the Southerly extension of the West line of a 20 feet Service Drive, also known as the West boundary line of Ridgewood Hills Plat as recorded in Plat Book 23, on Page 250 of the Public Records of Palm Beach County, Florida, Thence Northerly along the Southerly extension line of the said Service Drive, with a bearing of N. 01'51'44" W., a distance of 30.01 feet to a point on the Northerly Right -of- Way line of said State Road 804 (Boynton Beach Boulevard) as shown on the Florida Department of Transportation Map, Sheet 3 -A, Section 93220 -2412, dated May 5 "',1970, also the Southwest corner of the aforementioned Ridgewood Hills plat, and the Point of Beginning of said Legal Description. Thence continue Northerly along the West boundary line of Ridgewood Hills plat, also the West boundary line of the 20 feet Service Drive, with a bearing of N. 01 ° 51'44" W,, a distance of 578.02 feet to a point. Thence Easterly N. 89 ° 51'20" E., a distance of 20.01 feet to the Northwest corner of Lot 140 of said Ridgewood Hills plat. Thence southerly along the East boundary line of said Service Drive, 20 feet of and parallel to the Western boundary of the Ridgewood Hill plat, with a bearing of S. 01 ° 51'44" E., a distance of 578.02 to the SW corner of Lot 131 of Ridgewood Hills plat. Thence, Westerly with a bearing of S. 89 ° 47'31" W., a distance of 20.00 feet more or less to the Point of Beginning. 1 OF 2 _ iiil ll P it Kiln lu uww nlnuln lioia ullauilli aumiii ills ilnllilll ulialnal lilu hill l nl nllln nil l 11111 aillillllu u uln caul iaii nn ii ii iiiiei niillilllill i Ili I Ii IV ll lu ounii iliuii ni.i ill it li ntaLJnwmlmi, LEGEND RIDGEWOOD MANOR o 1 RIDGEWOOD HILLSI iS P.B. 24 PG. 175 . P.B. 23 PG. 25 03 P.B.C.R. PALM BEACH COUNTY a 34 ,a 1 i RECORDS N. 89 °51'20" E. b PB. PLAT BOOK r 2 O.R.B. OFFICIAL RECORDS BOOK r PG. PAGE �/ GALAXY WAY N.E. 4TH AVE r �- "- SEC. SECTION 3 R/W PER (O,R.S. 2226. P.O. 1037, P.6. P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCEMENT / ° R/W RIGHT -OF -WAY - - CENTERLINE { SECTION CORNER r o, w f C4 '' Y R N GALAXY PARK riao P.B. 23 PG. 250 � :C�: Wo 1 C "k ®a Z Qm rr SCALE: 1" -100' WEST LINE OF rr: u RIDGEWOOD HILL ; � PB. 23, PG.250, M P.B.C.R. q: N f N' P. O ■ B • P■0.C. f y ✓ S,W. CORNER % N. 01'51'44" IN ,': ' I SEC. 21-45-43 30,01'— 20 BEARING BASIS) 21 �. 89'47'31° E. S.R. 804 - (N.W. 2ND AVE.) Z S. 69 m 1323.14' BOYNTON BEACH BLVD. 20' (R /1Y PER Fr D.O.T. SECTION 93220 _ -2412 SHTr3A OF 17) 29 2$ SKETCH & DESCRIPTION PORTION OF 20' SERVICE DRIVE PART OF RIDGEWOOD HILLS P.B. 23 PG. 250 P.B.C.R. CITY OF BOYNTON BEACH PUBLIC WORKS DEPARTMENT / ENGINEERING DIVISION DWG. BY DATE - GAW SEP. 2011 „ CHK. BY EXHIBI A „ PG. N O' FL P. OF 2 - it lninlli Ii it i I u I III, luu I.II iul .u1 uI iu11I li u1.1 ilulill Intl II ill lien X1.1,11. Ills 1 Ii11161111 11 1. I.1 . 11i JAII9 i1WU:.ul u.,u ".1. 1 1 "Ild.1 W. h. iI., 1. Ilnlll 111�1 1 i11,611,,111 li 11 .1 Ili 11, I1 +I 1, Ili I u 1 1.1 A 11, 11, 1 61 ii i I i I i i i .. S..., I&Iji I ■ —�• SA AY�EC4 Xe3]33 _ ail I f ill It UJ o ��$ Neoax. 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L�LL�_ —LL� � ��� , • _ iii . _ 4 _. � - �M °' T I T t� � ��L��- i F9 1� 1f UZ tv '" rr•• ��, € €c'e a �[��� i��31�G � .., �z Fj- \ \ \\ [_ � ''.j.= "[ d - � - � x � {Z` S 5� ; I ' ���i .✓ �; � X [ � � { ��� \,I 1� I l r F t ) FF r t' Exhibit No. 2.0 App. No. 110228 -16 Page 5 of 5 � � - The City L Bo Beach City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561) 742 -6060 FAX: (561) 742 -6090 e -mail: prainitoj @bbfl.us www.boynton-beach.org February 28, 2012 Michael C. Owens Planning & Real Estate Services 3300 Forest Hill Boulevard - Suite C -110 West Palm Beach, FL. 33406 Re: Resolution R12 -017 Perpetual Access Easement, Maintenance Agreement and Declaration of Restrictions Galaxy Elementary School Dear Mr. Owens: Attached for your handling is the agreement and a copy of the Resolution mentioned above. Once the agreement has been recorded with the county, please return a copy to the City Clerk's Office for Central File. If you have any questions, please do not hesitate to contact me. Very truly yours, Attachments (Agreement & Resolution) CC: Jeffery Livergood Director Public Works and Engineering Us S:\CC\WP\AFrER COMMISSION\Other Transmittal Letters After Commission\2012\R12 -017 Perpetual Access Easement, Maintenance Agreement GAlaxy Elementary Replacment School.doc America's Gateway to the Gulfstream